Regulated Navigation Area; Hudson River south of the Troy Locks, New York, 8486-8489 [2010-3471]
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8486
Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Rules and Regulations
Issued in College Park, Georgia, on January
21, 2010.
Barry A. Knight,
Acting Manager, Operations Support Group,
Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2010–3741 Filed 2–24–10; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2010–0089]
Drawbridge Operation Regulation;
Inner Harbor Navigational Canal, New
Orleans, LA
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
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ACTION:
SUMMARY: The Commander, Eighth
Coast Guard District, has issued a
temporary deviation from the regulation
governing the operation of the SR 46
(Judge Seeber/Claiborne Avenue)
Vertical Lift Bridge across the Inner
Harbor Navigational Canal, mile 0.9,
(GIWW mile 6.7 EHL), at New Orleans,
LA. The deviation is necessary to
replace the counterweight wire ropes on
the bridge. This deviation allows the
bridge to remain closed for two (2) 120hour time periods within a three week
period.
DATES: This deviation is effective from
6 a.m. on Monday, March 15, 2010 until
6 a.m. on Monday, April 5, 2010.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket are part of docket USCG–2010–
0089 and are available online by going
to https://www.regulations.gov, inserting
USCG–2009–1129 in the ‘‘Keyword’’ box
and then clicking ‘‘Search’’. They are
also available for inspection or copying
at the Docket Management Facility (M–
30), U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
e-mail David Frank, Bridge
Administration Branch; telephone
504–671–2128, e-mail
David.m.frank@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
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The
Claiborne Avenue bridge has a vertical
clearance of 40 feet above mean high
water in the closed-to-navigation
position and 156 feet above mean high
water in the open-to-navigation
position. Currently, according to 33 CFR
117.458(a), the draw of the bridge shall
open on signal; except that, from 6:30
a.m. to 8:30 a.m. and 3:30 p.m. to 5:45
p.m. Monday through Friday, the draw
need not be open for the passage of
vessels. This deviation allows the draw
span of the bridge to remain closed to
navigation for two (2) 120-hour periods
within a three week time frame between
March 15, 2010 and April 4, 2010. The
exact dates of the closures will be
determined at a later date to allow for
deep draft vessel movements either just
prior or between the closure periods.
Exact times and dates of the closures
will be published in the Local Notice to
Mariners and broadcast via the Coast
Guard Broad Notice to Mariners system.
Navigation on the waterway consists
mainly of tugs with tows and ships. As
a result of coordination between the
Coast Guard and the waterway users, it
has been determined that this closure
has been coordinated to minimize the
possibility of any significant effects on
these vessels. There are no alternate
routes available to vessel traffic;
however, vessels that can pass under the
bridge in the closed-to-navigation
position can do so at any time. The
bridge will not be able to open for
emergencies.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
SUPPLEMENTARY INFORMATION:
Dated: February 10, 2010.
David M. Frank,
Bridge Administrator.
[FR Doc. 2010–3813 Filed 2–24–10; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2010–0009]
RIN 1625–AA11
Regulated Navigation Area; Hudson
River south of the Troy Locks, New
York
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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SUMMARY: The Coast Guard is
establishing a temporary regulated
navigation area on the navigable waters
of the Hudson River south of the Troy
Locks. This regulated navigation area is
necessary to promote maritime safety,
and protect mariners and the
environment from the hazards
associated with ice conditions. The
regulated navigation area is intended to
restrict vessels with less than 3000
horsepower while engaged in towing
operations, from operating on the
navigable waters of the Hudson River
south of the Troy locks when ice
conditions are 8 inches or greater unless
authorized by the Captain of the Port
New York or a designated
representative.
DATES: Effective Date: this rule is
effective in the CFR on February 25,
2010 until March 31, 2010. This rule is
effective with actual notice for purposes
of enforcement on February 5, 2010.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2010–
0009 and are available online by going
to https://www.regulations.gov, inserting
USCG–2010–0009 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ They
are also available for inspection or
copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or e-mail Lieutenant William
George, Coast Guard Sector New York,
Waterways Management Division;
telephone 718–354–4114, e-mail
William.J.George@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
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with respect to this rule because
publishing an NPRM and delaying its
effective date would be contrary to
public interest, since immediate action
is needed to protect mariners and to
ensure the safety of the environment
against potential hazards associated
with ice build-up on the navigable
waters of the Hudson River.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Immediate implementation of
this rule promotes the public interest by
ensuring the safety of mariners and
protecting the environment against the
dangers associated with vessel traffic
when there are hazardous ice conditions
on the navigable waters of the Hudson
River.
Background and Purpose
Historically ice has been an
impediment to navigation on the
navigable waters of the Hudson River
south of the Troy Locks. West Point,
Storm King Mountain, Danskammer
Point, Crum Elbow, and Esopus
Meadows are all natural choke points on
the Hudson River where ice buildups
have the potential to severely restrict
vessel traffic.
There are several situations faced by
vessels during severe winter conditions
that can place the vessels, passengers,
and crew in great danger including
being beset in the ice, and ice accretion,
where ice forms on the superstructure
and decks of transiting vessels. Also, ice
may also cause significant damage to
propellers, rudders, and hull plating.
Vessels with less than 3000
horsepower, while engaged in towing
operations, have significant difficulty
transiting the Hudson River in locations
where ice thickness is eight inches or
greater. This difficulty in transiting the
Hudson River during ice buildup poses
a safety threat to the environment and
a potential hazard to navigation.
When ice thickness is reported to be
eight inches or greater on the Hudson
River, vessels engaged in towing
operations with less than 3000
horsepower usually request break-out
assistance from the Coast Guard. A
vessel’s inability to independently
transit the waterway may become a
hazard to navigation and the
environment.
The formation of ice on the Hudson
River contains many variables and is not
consistent from year to year. During a
moderate or severe winter, the frozen
waterways may impede a vessel’s ability
to maneuver. Once ice build-up begins
it can affect the transit of vessels on the
navigable waterways. In addition a
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vessel’s watertight integrity may also be
compromised by ice abrasion and ice
pressure on the vessel’s hull.
Ice floes on the navigable waterways
may also cause visual aids to navigation
to become submerged, destroyed, or
moved off station. Ice conditions on the
navigable waterways may create
hazardous conditions in which the
operations of certain vessels become
unsafe.
It becomes necessary to impose
operating restrictions to ensure the safe
navigation of vessels. This Regulated
Navigation Area (RNA) allows the Coast
Guard to restrict and manage vessel
movement when hazardous ice
conditions exist within a specified area
of the Hudson River.
The Coast Guard is establishing a
regulated navigation area on the
navigable waters of the Hudson River
south of the Troy Locks. The regulated
navigation area is intended to restrict
vessels with less than 3000 horsepower
while engaged in towing operations
when ice conditions are 8 inches or
greater, from operating on the Hudson
River south of the Troy Locks unless
authorized by the Captain of the Port
New York or a designated
representative.
Discussion of Rule
This rule establishes a regulated
navigation area encompassing all
navigable waters of the Hudson River
south of the Troy Locks. Vessels with
less than 3000 horsepower while
engaged in towing operations are not
authorized to transit the Hudson River
south of the Troy Locks when ice
thickness is greater than eight inches.
The COTP New York will notify the
maritime community, of the location
and thickness of the ice as well as any
restrictions via marine broadcast.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order.
The Coast Guard’s implementation of
this temporary regulated navigational
area will only be enforced at the
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8487
location on the navigable waters of the
Hudson River south of the Troy Locks
where ice conditions are 8 inches or
greater, and only restrict vessels that are
less than 3,000 horsepower while
engaged in towing operations.
Before the effective period, the Coast
Guard will issue maritime advisories
widely available to users of the
navigable waters of the Hudson River.
Furthermore, vessels affected by this
restriction may be authorized to transit
the zone with permission of the Captain
of the Port New York.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
This rule will affect the following
entities, some of which may be small
entities: The owners and operators of
tug vessels with less than 3000
horsepower while engaged in towing
operations and are intending to transit
an area of the Hudson River that has a
specified ice condition of eight inches
or greater.
This regulated navigation area will
not have a significant economic impact
on a substantial number of small entities
for the following reasons: The ice
conditions remain very dynamic for the
duration of the winter due to the ebb
and flood of the current and varying
wind directions. Ice is driven by wind
and current and can change location on
an hourly basis. This rule will only be
enforced in the location where the
reported ice thickness is eight inches or
greater and for the amount of time the
specified ice condition is deemed a
threat to safe navigation.
The regulated navigation area will
apply to the navigable waters of the
Hudson River south of the Troy Locks
only during the Ice Season which ends
on March 31st. Vessels that are
restricted from operating in an affected
area due to the thickness of the ice will
be allowed to transit despite the
restriction with the permission of the
COTP New York.
Before any restriction is in place,
Coast Guard Sector New York will issue
maritime advisories widely available to
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Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Rules and Regulations
users of the navigable waters of the
Hudson River.
Interference with Constitutionally
Protected Property Rights.
Assistance for Small Entities
Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offer to assist small entities in
understanding the rule so that they can
better evaluate its effects on them and
participate in the rulemaking process.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
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Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or Tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
Taking of Private Property
This rule will not affect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
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Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have Tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
Tribes, on the relationship between the
Federal Government and Indian Tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian Tribes.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
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adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves the establishment of a
regulated navigation area. An
environmental analysis checklist and a
categorical exclusion determination will
be available in the docket.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
■ For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR Part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1
2. Add temporary § 165.T01–0009 to
read as follows:
■
§ 165.T01–009 Regulated Navigation Area,
Hudson River south of the Troy Locks, New
York.
(a) Regulated navigation area. All
navigable waters of the Hudson River
south of the Troy Locks.
(b) Definitions. The following
definitions apply to this section:
(1) Designated representative means
any Coast Guard commissioned,
warrant, or petty officer, or a Federal,
State, or local law enforcement officer
designated by or assisting the Captain of
the Port New York.
(c) Applicability. This section applies
to tugs with less than 3,000 horsepower
when engaged in towing operations.
(d) Regulations. (1) Except as
provided in paragraph (c) (3) of this
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section, vessels less than 3,000
horsepower while engaged in towing
operations are not authorized to transit
that portion of the Hudson River south
of the Troy Locks when ice thickness
reaches eight inches or greater.
(2) All Coast Guard assets enforcing
this regulated navigation area can be
contacted on VHF marine band radio,
channel 13 or 16. The captain of the
Port can be contacted at telephone
number (718) 354–4356.
(3) All persons desiring to transit
through a portion of the regulated area
that has operating restriction in effect
must contact the COTP at telephone
number (718) 354–4356 or on VHF
channel 13 or 16 to seek permission
prior to transiting the affected regulated
area.
(5) The COTP will notify the public of
any changes in the status of this
regulated navigation area by Marine
Safety Information Broadcast on VHF–
FM marine band radio, channel 22A
(157.1 MHZ).
Dated: February 5, 2010.
Joseph L. Nimmich,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 2010–3471 Filed 2–24–10; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Regulatory Information
Coast Guard
On April 30, 2009, we published a
notice of proposed rulemaking (NPRM)
entitled Security Zone; Freeport
Channel Entrance, Freeport, TX in the
Federal Register (33 FR 19923). We
received two comments on the proposed
rule. No parties requested public
meetings and none were held.
33 CFR Part 165
[Docket No. USCG–2008–0125]
RIN 1625–AA87
Security Zone; Freeport Channel
Entrance, Freeport, TX
Background and Purpose
Coast Guard, DHS.
ACTION: Final rule.
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AGENCY:
SUMMARY: The Coast Guard has
established moving security zones for
certain vessels, for which the Captain of
the Port, Houston-Galveston deems
enhanced security measures necessary
on a case-by-case basis. These moving
security zones extend 1,000 yards ahead
and astern and 500 yards on each side
of certain vessels. The moving security
zone may commence at any point after
certain vessels bound for the Port of
Freeport enter the U.S. territorial waters
(12 nautical miles) in the Captain of the
Port Houston-Galveston zone. These
security zones are needed to safeguard
the vessels, the public, and the
surrounding area from sabotage or other
subversive acts, accidents, or other
events of a similar nature. Unless
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exempted under this rule, entry into or
movement within these security zones
would be prohibited without permission
from the COTP Houston-Galveston.
DATES: This rule is effective March 29,
2010.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2008–0125 and are
available online by going to https://
www.regulations.gov, inserting USCG–
2008–0125 in the ‘‘Keyword’’ box, and
then clicking ‘‘Search.’’ This material is
also available for inspection or copying
at the Docket Management Facility (M–
30), U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
e-mail Lieutenant Commander Kevin
Ivey, Marine Safety Unit Galveston,
Coast Guard; telephone 409–978–2704,
e-mail Kevin.L.Ivey@uscg.mil. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Heightened awareness of potential
terrorist acts requires enhanced security
of our ports, harbors, and vessels; to
enhance security, the Captain of the Port
Houston-Galveston has established
moving security zones around escorted
vessels.
This rule establishes distinct moving
security zones that may commence at
any point after certain vessels bound for
the Port of Freeport enter the 12nautical-mile U.S. territorial waters in
the Captain of the Port HoustonGalveston zone. These zones are
established to protect waterfront
facilities, persons, and vessels from
subversive or terrorist acts. Vessels
operating within the Captain of the Port
Houston-Galveston Zone are potential
targets of terrorist attacks, or potential
launch platforms for terrorist attacks on
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8489
other vessels, waterfront facilities, and
adjacent population centers.
Due to the potential for terrorist
attacks, this rule would allow the
Captain of the Port to create moving
security zones around certain vessels as
deemed necessary, on a case-by-case
basis. By limiting access to these areas,
the Coast Guard is reducing potential
methods of attack on vessels, waterfront
facilities, and adjacent population
centers located within these security
zones. Vessels having a need to enter
these zones must obtain express
permission from the Captain of the Port
Houston-Galveston or his designated
representative prior to entry.
Discussion of Comments and Changes
The Coast Guard received two
comments on the proposed rule. One
comment was in regard to clarification
of whether the security zone pertained
to all ships or just LNG ships. The
security zone is not established solely
for LNG ships. The second comment
made was in regard to clarification of
whether the security zones pertain to
the land as well as the water. The
security zone covers only the water, and
not the land.
We made no changes to the rule based
on these comments. The Coast Guard is
implementing the rule as it was
proposed in the notice of proposed
rulemaking (33 FR 19923).
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order. We expect the economic impact
of this rule to be so minimal that a full
Regulatory Evaluation is unnecessary.
The basis of this finding is that the
duration of the security zones is limited
in nature and would not create undue
delay to vessel traffic in and around the
Port of Freeport.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
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]]>Agencies
[Federal Register Volume 75, Number 37 (Thursday, February 25, 2010)]
[Rules and Regulations]
[Pages 8486-8489]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3471]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0009]
RIN 1625-AA11
Regulated Navigation Area; Hudson River south of the Troy Locks,
New York
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary regulated
navigation area on the navigable waters of the Hudson River south of
the Troy Locks. This regulated navigation area is necessary to promote
maritime safety, and protect mariners and the environment from the
hazards associated with ice conditions. The regulated navigation area
is intended to restrict vessels with less than 3000 horsepower while
engaged in towing operations, from operating on the navigable waters of
the Hudson River south of the Troy locks when ice conditions are 8
inches or greater unless authorized by the Captain of the Port New York
or a designated representative.
DATES: Effective Date: this rule is effective in the CFR on February
25, 2010 until March 31, 2010. This rule is effective with actual
notice for purposes of enforcement on February 5, 2010.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0009 and are available online
by going to https://www.regulations.gov, inserting USCG-2010-0009 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Lieutenant William George, Coast Guard
Sector New York, Waterways Management Division; telephone 718-354-4114,
e-mail William.J.George@uscg.mil. If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
[[Page 8487]]
with respect to this rule because publishing an NPRM and delaying its
effective date would be contrary to public interest, since immediate
action is needed to protect mariners and to ensure the safety of the
environment against potential hazards associated with ice build-up on
the navigable waters of the Hudson River.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Immediate implementation of this
rule promotes the public interest by ensuring the safety of mariners
and protecting the environment against the dangers associated with
vessel traffic when there are hazardous ice conditions on the navigable
waters of the Hudson River.
Background and Purpose
Historically ice has been an impediment to navigation on the
navigable waters of the Hudson River south of the Troy Locks. West
Point, Storm King Mountain, Danskammer Point, Crum Elbow, and Esopus
Meadows are all natural choke points on the Hudson River where ice
buildups have the potential to severely restrict vessel traffic.
There are several situations faced by vessels during severe winter
conditions that can place the vessels, passengers, and crew in great
danger including being beset in the ice, and ice accretion, where ice
forms on the superstructure and decks of transiting vessels. Also, ice
may also cause significant damage to propellers, rudders, and hull
plating.
Vessels with less than 3000 horsepower, while engaged in towing
operations, have significant difficulty transiting the Hudson River in
locations where ice thickness is eight inches or greater. This
difficulty in transiting the Hudson River during ice buildup poses a
safety threat to the environment and a potential hazard to navigation.
When ice thickness is reported to be eight inches or greater on the
Hudson River, vessels engaged in towing operations with less than 3000
horsepower usually request break-out assistance from the Coast Guard. A
vessel's inability to independently transit the waterway may become a
hazard to navigation and the environment.
The formation of ice on the Hudson River contains many variables
and is not consistent from year to year. During a moderate or severe
winter, the frozen waterways may impede a vessel's ability to maneuver.
Once ice build-up begins it can affect the transit of vessels on the
navigable waterways. In addition a vessel's watertight integrity may
also be compromised by ice abrasion and ice pressure on the vessel's
hull.
Ice floes on the navigable waterways may also cause visual aids to
navigation to become submerged, destroyed, or moved off station. Ice
conditions on the navigable waterways may create hazardous conditions
in which the operations of certain vessels become unsafe.
It becomes necessary to impose operating restrictions to ensure the
safe navigation of vessels. This Regulated Navigation Area (RNA) allows
the Coast Guard to restrict and manage vessel movement when hazardous
ice conditions exist within a specified area of the Hudson River.
The Coast Guard is establishing a regulated navigation area on the
navigable waters of the Hudson River south of the Troy Locks. The
regulated navigation area is intended to restrict vessels with less
than 3000 horsepower while engaged in towing operations when ice
conditions are 8 inches or greater, from operating on the Hudson River
south of the Troy Locks unless authorized by the Captain of the Port
New York or a designated representative.
Discussion of Rule
This rule establishes a regulated navigation area encompassing all
navigable waters of the Hudson River south of the Troy Locks. Vessels
with less than 3000 horsepower while engaged in towing operations are
not authorized to transit the Hudson River south of the Troy Locks when
ice thickness is greater than eight inches.
The COTP New York will notify the maritime community, of the
location and thickness of the ice as well as any restrictions via
marine broadcast.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
The Coast Guard's implementation of this temporary regulated
navigational area will only be enforced at the location on the
navigable waters of the Hudson River south of the Troy Locks where ice
conditions are 8 inches or greater, and only restrict vessels that are
less than 3,000 horsepower while engaged in towing operations.
Before the effective period, the Coast Guard will issue maritime
advisories widely available to users of the navigable waters of the
Hudson River. Furthermore, vessels affected by this restriction may be
authorized to transit the zone with permission of the Captain of the
Port New York.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
This rule will affect the following entities, some of which may be
small entities: The owners and operators of tug vessels with less than
3000 horsepower while engaged in towing operations and are intending to
transit an area of the Hudson River that has a specified ice condition
of eight inches or greater.
This regulated navigation area will not have a significant economic
impact on a substantial number of small entities for the following
reasons: The ice conditions remain very dynamic for the duration of the
winter due to the ebb and flood of the current and varying wind
directions. Ice is driven by wind and current and can change location
on an hourly basis. This rule will only be enforced in the location
where the reported ice thickness is eight inches or greater and for the
amount of time the specified ice condition is deemed a threat to safe
navigation.
The regulated navigation area will apply to the navigable waters of
the Hudson River south of the Troy Locks only during the Ice Season
which ends on March 31st. Vessels that are restricted from operating in
an affected area due to the thickness of the ice will be allowed to
transit despite the restriction with the permission of the COTP New
York.
Before any restriction is in place, Coast Guard Sector New York
will issue maritime advisories widely available to
[[Page 8488]]
users of the navigable waters of the Hudson River.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
Taking of Private Property
This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have Tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian Tribes, on the relationship between the Federal Government and
Indian Tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian Tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule involves the establishment of a regulated
navigation area. An environmental analysis checklist and a categorical
exclusion determination will be available in the docket.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR Part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1
0
2. Add temporary Sec. 165.T01-0009 to read as follows:
Sec. 165.T01-009 Regulated Navigation Area, Hudson River south of the
Troy Locks, New York.
(a) Regulated navigation area. All navigable waters of the Hudson
River south of the Troy Locks.
(b) Definitions. The following definitions apply to this section:
(1) Designated representative means any Coast Guard commissioned,
warrant, or petty officer, or a Federal, State, or local law
enforcement officer designated by or assisting the Captain of the Port
New York.
(c) Applicability. This section applies to tugs with less than
3,000 horsepower when engaged in towing operations.
(d) Regulations. (1) Except as provided in paragraph (c) (3) of
this
[[Page 8489]]
section, vessels less than 3,000 horsepower while engaged in towing
operations are not authorized to transit that portion of the Hudson
River south of the Troy Locks when ice thickness reaches eight inches
or greater.
(2) All Coast Guard assets enforcing this regulated navigation area
can be contacted on VHF marine band radio, channel 13 or 16. The
captain of the Port can be contacted at telephone number (718) 354-
4356.
(3) All persons desiring to transit through a portion of the
regulated area that has operating restriction in effect must contact
the COTP at telephone number (718) 354-4356 or on VHF channel 13 or 16
to seek permission prior to transiting the affected regulated area.
(5) The COTP will notify the public of any changes in the status of
this regulated navigation area by Marine Safety Information Broadcast
on VHF-FM marine band radio, channel 22A (157.1 MHZ).
Dated: February 5, 2010.
Joseph L. Nimmich,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2010-3471 Filed 2-24-10; 8:45 am]
BILLING CODE 9110-04-P
